Showing results 1-10 of 10.


  In re Paoli RR Yard PCB Litigation - 3rd Circuit

Decided: 8/31/1994
Amended: 10/17/1994
District Court Decision: Excluded In Part
Appellate Court Decision: Affirmed

Daubert suggests several factors that a district court should take into account in evaluating whether a particular scientific methodology is reliable (i.e. scientifically valid), including the testability of the expert's hypothesis ("whether it can be (and has been) tested"), Daubert, ___ U.S. at ____, 113 S.Ct. at 2796, whether the methodology has been subjected to peer review and publication, the frequency by which the methodology leads to erroneous results, the existence and maintenance of standards controlling the technique's operation, and whether the methodology has been generally accepted in the scientific community.[7] ... Primarily, however, we must consider the voluminous record concerning expert opinion and, applying Fed.R.Evid. 702 and the standards enunciated by the Supreme Court in Daubert v. Merrell Dow Pharm., Inc., ___ U.S. ____, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), decide whether the district court erred in again excluding the opinions of plaintiffs' experts in connection with its summary judgment determination.

Cited 908 times
Medical terminology Medical specialties Proteomics Respiratory diseases Industrial occupations 

  Daubert v. Merrell Dow Pharmaceuticals, Inc. - 9th Circuit

Decided: 1/4/1995
District Court Decision: Excluded
Appellate Court Decision: Affirmed

As we read the Supreme Court's teaching in Daubert, therefore, though we are largely untrained in science and certainly no match for any of the witnesses whose testimony we are reviewing, it is our responsibility to determine whether those experts' proposed testimony amounts to "scientific knowledge," constitutes "good science," and was "derived by the scientific method." ... Plaintiffs submitted their experts' affidavits while Frye was the law of the circuit and, although they've not requested an opportunity to augment their experts' affidavits in light of Daubert, the interests of justice would be disserved by precluding plaintiffs from doing so.

Cited 580 times
Radiation health effects Fertility Reproduction in mammals 

  In re TMI Litigation - 3rd Circuit

Decided: 11/2/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Accordingly, before proceeding with our discussion of the District Court's application of Daubert to the expert testimony that was offered to prove that TMI-2 released radiation that caused the Trial Plaintiffs' neoplasms we will briefly discuss the operation of a nuclear power plant in an effort to better determine if Trial Plaintiffs proffered sufficient evidence to connect their injuries to the nuclear reactions that took place inside the nuclear generator at TMI-2. ... Defendants challenged the admissibility of the experts' testimony and the District Court was therefore required to hold extensive in limine hearings pursuant to its "gatekeeping" role under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

Cited 260 times
Nuclear physics Radioactivity Particle physics Nuclear technology Nuclear chemistry 

  Ambrosini v. Labarraque - Dist. of Columbia Circuit

Decided: 12/6/1996
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

We conclude that while the district court properly could review the expert's methodology as part of its "gatekeeping" function, Daubert v. Merrell Dow, 509 U.S. 579, 597, 113 S.Ct. 2786, 2798-99, 125 L.Ed.2d 469 (1993), its failure ultimately to distinguish between the threshold question of admissibility and the persuasive weight to be assigned the expert evidence requires reversal and remand. ... As will become clear upon examining the Ambrosinis' experts' testimony, see Part III, infra, the four factors offer limited assistance here for reasons acknowledged by the Supreme Court in Daubert: the proposition at issue is highly particular and has not attracted significant scientific scrutiny because, in accord with the position of the Federal Drug Administration ("F.D.A."), Depo-Provera is no longer prescribed for pregnant women.

Cited 142 times
Radiation health effects Congenital disorders Epidemiology IARC Group 2B carcinogens Sampling (statistics) 

  Lust v. Merrell Dow Pharmaceuticals, Inc. - 9th Circuit

Decided: 7/11/1996
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Under the Daubert interpretation of F.R.E. 702, general acceptance is not a necessary condition to admissibility; expert scientific opinion is admissible if it qualifies as "scientific knowledge" and is therefore sufficiently "reliable." ... That the expert failed to subject his method to peer-review and to develop his opinion outside the litigation is not dispositive, but if these guarantees of reliability are not satisfied, the expert "must explain precisely how [he] went about reaching [his] conclusions and point to some objective source ... to show that [he has] followed the scientific method, as it is practiced by (at least) a recognized minority of scientists in [his] field."

Cited 132 times
Radiation health effects Congenital disorders 

  Raynor v. Merrell Pharmaceuticals Inc. - Dist. of Columbia Circuit

Decided: 1/21/1997
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The Court in Daubert directed federal courts first to determine whether the proffered expert's evidence is "scientific knowledge," which it said required consideration of the following: (1) whether the theory or technique can be (or has been) tested; (2) whether the theory or technique has been subject to peer review and publication; (3) the known or potential rate of error of the methodology; and (4) the general acceptance of the methodology. ... While Daubert creates no obvious bar to applying Rule 703 as we have done in the past, it leaves obscure the relation between that rule and the rule at issue in Daubert, Rule 702, which states that an expert may testify if the "scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue."

Cited 40 times
Radiation health effects 

  Sorensen By and Through Dunbar v. Shaklee Corp. - 8th Circuit

Decided: 8/2/1994
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The Sixth Circuit majority upheld the admission of plaintiffs' expert testimony, concluding that Rules 702 and 703 and Daubert do not prohibit an expert "from testifying to confirmatory data, gained through his own clinical experience, on the origin of a disease or the consequences of exposure to certain conditions." ... Finally, the Daubert opinion reminds district judges that when necessary they may themselves seek expert assistance in their "gatekeeper" functions by resorting to Rule 706 which "allows the court at its discretion to procure the assistance of an expert of its own choosing."

Cited 34 times
Radiation health effects Fumigants Pesticides Occupational diseases Radioactivity 

  Elkins v. Richardson-Merrell, Inc. - 6th Circuit

Decided: 10/20/1993

The plaintiff argues on appeal that under the United States Supreme Court's recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 506 U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the scientific opinions offered by the defendant's expert witness were inadmissible; ... Significantly, the Court in Daubert indicated that even if expert opinion or evidence on one side were relevant and admissible, if "insufficient to allow a reasonable juror to conclude that the position more likely than not is true," it may be the basis for a directed verdict or a grant of summary judgment.

Cited 10 times
Radiation health effects 

  National Bank of Commerce v. Dow Chemical Co. - 8th Circuit

Decided: 1/11/1999

Summary judgment is appropriate if, after viewing the facts and all reasonable inferences in the light most favorable to the nonmoving party, see Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), the record "show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." ... To eliminate the problem, they allegedly purchased and applied three pesticides: Spectracide Dursban Indoor and Outdoor Insect Control, Ortho Hi-Power Ant, Roach & Spider Spray/Formula II, and Bengal Roach Spray. Jerry and Patricia Arnold contend they were using these products when their son and daughter-in-law, Michael and Debra Arnold, moved into their home in December of 1992.

Cited 3 times
Radiation health effects Toxicology Beekeeping Bees 

  RHEINFRANK v. Abbott Laboratories, Inc. - 6th Circuit

Decided: 2/21/2017
District Court Decision: Excluded

In re Diet Drugs (Phentermine, Fenfluramine, Dexfluramine) Prods. Liab. Litig., No. MDL 1203, 2000 WL 876900, at *11 (E.D. Pa. June 20, 2000), the court could reasonably have found that Rheinfrank's experts were likelier than not unqualified under Daubert to opine on regulatory areas in which they had neither specialized training nor professional experience—including opinions as to what `should' have appeared on Depakote's label, subject as that must be to an essentially technical, regulatory judgment. ... But because each of those rulings was based on the district court's reasonable assessment as to the limits of those experts' respective expertise, and all were consistent with the rulings of other courts, the district court could reasonably have limited the testimony as it did without exceeding the "great latitude" this court must afford such evidentiary rulings, see Taulbee v. Wal-Mart Stores, Inc., 5 F. App'x 361, 363 (6th Cir. 2001) (quoting Rye v. Black & Decker Mfg. Co., 889 F.2d 100, 101-02 (6th Cir. 1989)).

Cited 0 times